A devastating blow to Wisconsin's innovators

Researchers at the University of Wisconsin-Milwaukee recently announced they've nearly completed development of a water-monitoring system that could help bring clean water to the developing world. This invention could potentially save millions of lives.

But such innovative scientific and technological breakthroughs are now under threat. Federal lawmakers are pursuing misguided legislation that would make it much harder for researchers to protect their intellectual property. Wisconsin's representatives in Washington must reject any new law that cripples local innovation and devastates the state economy.

Wisconsin's universities and business owners are pouring resources into researching and creating new products and ideas.

Wisconsin's business community is highly innovative as well. Take the local biopharmaceutical sector, which researches and develops new and better drug treatments. This industry supports about 50,000 local jobs and contributes $4.5 billion annually to the Wisconsin economy. This research propels Wisconsin's economy.

Researchers and inventors wouldn't be able to create jobs or new products without strong intellectual property protections like patents, which prevent competitors from copying an inventor's ideas. Inventors are willing to invest significant time and money researching and developing new products only because patents give them the exclusive right to own and sell any invention they create. Without strong patent protections, research would become more risky and less lucrative.

Some federal legislators have proposed a new patent law — the "Innovation Act" — that would weaken patent protections and endanger research in Wisconsin and across the country.

Most notably, the law will install extensive new documentation requirements for patent lawsuits. Lawmakers want to increase the burden of bringing a case to court in order to discourage frivolous suits. But the law won't only raise the difficulty of filing an unfounded suit, it also will make it harder for legitimate patent holders to protect their intellectual property in court. Inventors will be required to file hundreds of pages of technical paperwork just to start a lawsuit.

The new paperwork requirements will create an expensive administrative burden for patent holders and delay their ability to file a lawsuit against a patent violator who has begun copying or selling a knock-off product. And even after a patent claim is filed, holders will be required to continually amend and refile their claims as the case progresses and new information arises. Many innovators with tight budgets — such as start-ups and universities — can't afford the resulting legal fees.

The bill also would require the losers in patent disputes to cover the winners' legal expenses. Such a requirement would scare away even legitimate patent holders who can't afford to take the risk of paying millions of dollars in additional fees if the judge doesn't rule their way.

Already, legitimate inventors are having a hard time protecting their patents. Back in 2012, federal legislators tried to avert the need for expensive lawsuits by creating an independent appeals board to hear patent disputes.

This body is notoriously unsympathetic to innovators. Almost 80% of the 2,000 patent claims that have come before the board have been partially or fully overturned. The board has invalidated so many patents that some have called it a patent "death squad."

In the midst of this inhospitable environment for patent holders, the new Innovation Act will make it even more difficult to defend patents. The bill could force businesses throughout the state to back away from new research, leading to fewer jobs and slower economic growth. More than 140 other schools have encouraged Congress to ensure any patent reform bill doesn't undermine valuable research.

Wisconsin has an impressive track record when it comes to innovating in a broad variety of industries. This work has resulted in breakthrough products and spurred job creation and economic growth. This new patent legislation will undermine this work and hurt our state economy. Our representatives need to combat it.

Jessica M. Silvaggi is the licensing manager for the University of Wisconsin-Milwaukee Research Foundation Inc.